O R D E R

This criminal revision has been filed seeking to set aside the order passed by the 1st respondent in his proceedings in Na.Ka.A6/631/2002, dated 23/08/2022.

2.The facts in brief:- Originally, the Churches were established by the English people in India through Church of England. In the above said process, three Associations namely Church Missionary Society (CMS), Society for Propagation of Gospel (SPG), London Missionary Society (LMS) by Act of the Parliament of Britain namely Indian Church Act, 1927 was enacted. The 3rd respondent Church was incorporated in the above said Special Act.

3.After the independence, the above said Church became called as Church of India, Pakistan and Burma and Ceylon in short 'CIPBC'. But some Associations defected and formed a new Association called 'Church of South India' (CSI), on 27/09/1947 only for the purpose of worship. During that time, ex-communicated themselves from the membership of Church of India (CIPBC). But the properties, which belong to Church of India never transferred to the Church of South India. Though the above said properties vested as per the Indian Church Act, 1927, the transfer of the properties cannot be made.

4.The petitioner is a native of Mudalur and a member of St.Michael and All Angles Church, Mudalur. In violation of the Special provisions, the 4th respondent introduced Thuthi Arathanai in violation of the places of Worship (Special Provisions) Act, 1991.

5.Now the properties, which belongs to the above said CIPBC has been grabbed by the 4th respondent herein and also in violation of sections 3 and 6 of the Places of Worship Act, 1961. So the formation of CSI itself is illegal. The property situated in Survey No.330/3 measuring about 87 cents and in Survey No.4/2 measuring about 35 cents was possessed by his father with the permission of the CIPBC for the purpose of running the children home or for any other activities for the benefit of the members keeping the traditions and orthodoxy of the Anglican faith. From the year 1997 onwards, the petitioner is running the children's Home through YMCA. Due to Covid-19, the above said Home was closed. After lifting of the Lock Down period, he made arrangements for reopening the school. At that time, the 4th respondent wrote a letter to him to hand over the key to CSI Priest. The petitioner issued a legal notice. The 5th respondent, who is the own brother of the 6th respondent, who attached with the 4th respondent, damaged the building and stolen away the properties and criminal intimidation was also made, on 29/01/2022. When the police was called them, they snatched the key of the building from the petitioner and he was directed to attend the enquiry. With the influence of the 5th respondent, they refused to hand over the key. So over the same, he made a complaint, on 13/02/2022. So he filed WP(MD)No.4128 of 2022 seeking a direction to return the key. But in the meanwhile, proceedings under section 107 Cr.P.C was initiated in LIR No.26 of 2022. That was also forwarded to the RDO. Later, it was forwarded to the Tasildhar. Because of the above said development, the above said petition was dismissed. In the proceedings, dated 23/08/2022, the 1st respondent directed the 4th respondent to hand over the key to the Priest, which is not legal in nature. The above said order is challenged here.

6.Heard both sides.

7.For better appreciating the issue involved in this case, let us have recap upon the controversy.

8.According to the learned counsel appearing for the petitioner, the properties situated in Survey Nos.330/3 and 4/2 originally belonged to the Society for the Propagation of the Gospel in Foreign Parts (SPG) and later, in 1963 by way of transfer of Trust, the assets and liabilities of SPG were transferred to Church of South India Trust Association. The above said document was registered as Document No.4863/1963 in the office of the Registrar, North Chennai.

9.According to the respondents, the above said document comprised